California Inspiring Us with New Surrogacy Law

Creating a family through surrogacy can be of the most wholehearted, emotionally rewarding journey for any new parent.

However, the laws of surrogacy arrangements are inconsistently subjecting loving individuals and gay singles and couples to rigorous corruptions demarcated by their sexuality.

The more we encounter these ambiguous cases that test the mold of what defines a parent, it leaves us stunned, dismayed and offended.

But, if we rally together and passionately advocate for surrogacy arrangements and the LGBTQ communities, it begins to stretch the limits of surrogacy laws, and demonstrates that awareness and progressive actions can be successful.

Progressive New Surrogacy Law

Led by the awareness efforts of Bill Handel, Karen Synesiou and the Center for Surrogate Parenting, California Assemblyman Felipe Fuentes campaigned to modernize California Surrogacy laws.

As of January 1, *** Governor Jerry Brown signed the California Assembly Bill *** — California Family Code Sections *** et seq:

Requiring intended parents and surrogates to be represented by separate legal counsel.

Requiring notarization of gestational surrogacy agreements.

Requiring the execution and notarization of an agreement prior to the administration of medications used in assisted reproduction or any embryo transfer procedure.

Requiring that all parties in the gestational surrogacy agreement to attest, under penalty of perjury as to their compliance with these provisions.

Provides that any gestational surrogacy agreement executed in accordance with these provisions is presumptively valid.

A small, yet powerful provision in the new bill, gives an awe-inspiring prospective to dramatically alter the definition of "who a parent is."

California Family Code Section *** states that an “Intended Parent” is an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction.

This bold statement gives recognition that Intended Parents are individuals — regardless of whether they are married or unmarried.

In doing so, California has become the first jurisdiction in the world to distinguish who a parent is by way of individuality.

Same-sex couples and single gay individuals can are now holders of the same rights and protections as married, heterosexual equals.

Although California has long accepted single individuals and gay couples to proceed with surrogacy arrangements to build a family, this is the first time these individuals in California have constitutional recognition of their parental rights.

Every day, individuals of all races and all walks of life, stand up and fight for equality.More states and unreasonable lawmakers should rally around this progressive new surrogacy law and impose greater importance on parental rights, rather than enforcing barriers and biased bans on singles, gay singles and same-sex couples.

How will you raise your voice and support surrogacy and equality in ***